Woolworth, FW Plc v Charlwood Alliance Properties Ltd
Woolworth, FW Plc v Charlwood Alliance Properties Ltd
- 1987
- Estates Gazette 282(6332) 2 May 1987, 585-594(6) .
ChD 9 October 1986. An originating summons by the plaintiff tenants, seeking a declaration that consent to assignment of an underlease had been withheld unreasonably by the landlords. There was a counterclaim by the landlords for specific performance of the covenant which ensured the shop continued as a department store in an Arndale Centre. The action arose because the landlords were led to believe the tenants were not intending to run the premises as a department store. When the tenants sought to assign the lease, they would not give an assurance that the store would continue as a store after assignment. The tenants relied mainly on Killick v Second Covent Garden Property Co Ltd , and submitted that it was not reasonable to refuse consent unless the proposed assignment involved a breach of covenant . After considering this and other caselaw on the subject, the judge found the landlords not unreasonable in refusing consent; they were entitled to consider the adverse effects of the a
ChD 9 October 1986. An originating summons by the plaintiff tenants, seeking a declaration that consent to assignment of an underlease had been withheld unreasonably by the landlords. There was a counterclaim by the landlords for specific performance of the covenant which ensured the shop continued as a department store in an Arndale Centre. The action arose because the landlords were led to believe the tenants were not intending to run the premises as a department store. When the tenants sought to assign the lease, they would not give an assurance that the store would continue as a store after assignment. The tenants relied mainly on Killick v Second Covent Garden Property Co Ltd , and submitted that it was not reasonable to refuse consent unless the proposed assignment involved a breach of covenant . After considering this and other caselaw on the subject, the judge found the landlords not unreasonable in refusing consent; they were entitled to consider the adverse effects of the a